HomeMy WebLinkAboutCC RESO 2009-254RESOLUTION NO. 2009 — 254
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
RATIFYING A SIDE LETTER TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY AND THE NATIONAL CITY MUNICIPAL EMPLOYEES'
ASSOCIATION ADJUSTING THE WORK SCHEDULE
AND BREAKS FOR POLICE DISPATCHERS
WHEREAS, on July 17, 2007, the City Council adopted Resolution 2009-171
ratifying the wages, hours, and other terms and conditions of employment reached through a
meet and confer process between the City and the National City Municipal Employees'
Association ("MEA"), and authorized the City Manager to enter into a Memorandum of
Understanding ("MOU") with the MEA for the period of January 1, 2007 through December 31,
2009; and
WHEREAS, Article 24 of the MOU specifies that MEA represented employees
working more than five (5) hours in a workday shall receive at least a 30-minute unpaid lunch
break; and
WHEREAS, a series of meet and confer discussions have been held with the
MEA related to the impact of Article 24 on the Police Dispatchers; and
WHEREAS, because Police Dispatchers are frequently called back to duty during
lunch and rest periods, the City and the MEA have agreed to side letter language (attached
hereto as Exhibit "A")through which Police Dispatchers will receive a 30-minute paid lunch
break, which will be accomplished by the actual workday for each shift being ten (10) hours
instead of ten and one-half (10.5) or eleven (11) hours.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby ratifies a Side Letter to the Memorandum of Understanding between the
City and the National City Municipal Employees' Association, adjusting the Work Schedule and
Breaks for Police Dispatchers.
PASSED and ADOPTED this 20th day of October 009.
Ron Morrison, Mayor
ATTEST:
4
Mi hael R. Della, ity Clerk
APPROVED AS TO FORM:
,
George H. Eiser, III
City Attorney
SIDE LETTER TO
MEMORANDUM OF UNDERSTANDING
BETWEEN NATIONAL CiTY MUNICIPAL EMPLOYEES' ASSOCIATION, SEIU
LOCAL 221 AND THE CITY OF NATIONAL CITY
WORK HOURS/LIJNCH BREAKS FOR POLICE DISPATCHERS
Effective upon Council approval of this side letter, the City shall adjust the work schedules and
meal periods of Police Dispatchers represented by the National City Municipal Employees'
Association (NCMEA).
This side letter will serve both as a supplement to Article 24 of the Memorandum of
Understanding (MOU) and as the controlling document for issues related to work schedules and
meal periods for Police Dispatchers. Employees in positions that will experience a schedule
change will be notified no later than 10 working days before the new schedule as called for by
the current MOU.
The City, MEA, and SEIU Local 221 understand that there are aspects of work schedule changes
that cannot be fully anticipated, and that the parties may need to utilize labor management
meetings to discuss unforeseen circumstances should they arise.
ARTICLE 24: Work Day, Work Week, Pay Period, and Pay Day
Section 1: Work Day
Call-back and on -call time are excluded from the computation of the hours paid for the purposes
of overtime. All work days exceeding five (5) hours length shall include at least a 30-minute
period for lunch break without pay with the exception of Police Dispatchers. A maximum of
fifteen (15) minutes paid time for rest shall be provided for each four (4) consecutive hours work
and may be taken as assigned by the employee's supervisor.
Police Dispatchers shall work four (4) ten (10) hour days per week, including two (2) 15 minute
rest periods, and one-half (1 / 2) hour paid lunch break.
1) Every effort will be made to have Police Dispatchers receive their paid meal breaks
(30 minute break) as circumstances permit but there is no guarantee. Employees are
subject to call back from breaks during emergencies and/or when the volume of
activity requires such staffing.
2) Employees shall not combine two or more rest periods into one rest period, except as
approved by the unit's sworn supervisor or Chief of Police during non -routine and/or
unexpected circumstances.
3) Employees shall not save rest / meal periods to justify shortened work days.
EXHIBIT "A"
Passed and adopted by the Council of the City of National City, California, on October
20, 2009 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
City erk of the City of ational City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2009-254 of the City of National City, California, passed and
adopted by the Council of said City on October 20, 2009.
City Clerk of the City of National City, California
By:
Deputy